Parent-Child Relationship

In the process of human reproduction,natural reproduction helps humans to continue,but as the environment deteriorates,the pressure of life increases,causing many people to suffer from infertility,and the Chinese society has always had three filial piety.The existence of the idea of “no later” is a big problem for some infertile families,which seriously affects the happiness of the family.Influenced by traditional concepts,infertile couples meet their own needs through various means.Adoption is the way and method to solve infertility before the emergence of artificial reproductive technology.However,the biggest disadvantage of adoption is that there is no blood relationship between the foster child and the infertile couple.Although it can meet the emotional needs of the infertile couple to some extent,it is impossible to make the infertile couple truly Get relieved.In addition,China's adoption system is not only cumbersome,the lack of adoption of children,and the strict adoption of children,which makes it difficult to establish adoption relationships.As a kind of reproductive assistive technology,surrogacy can make entrusted infertile couples still eager to have their own blood relationship,thus solving the problem of infertile couples without children,and achieving infertility to the maximum extent.The need of people to pass on genetic information.However,the traditional rules for the identification of parent-child relationships in China are based on natural reproduction,and surrogacy is a birth through human reproductive technology.It has a strong impact on the identification of traditional parent-child relationships.The surrogate child may have the mother of childbirth,the mother of genes and the conflict of sociological mothers.If the traditional parent-child relationship determination rules are still applied to determine the parent-child relationship,it will be detrimental to the protection of the interests of both parties and surrogate children.Although China's current administrative regulations prohibit surrogacy,the surrogate market is still hot.China's surrogate birth has formed a black industrial chain.Especially in the eastern coastal areas where China's economy is developed,the relationship between surrogacy and supply has gradually increased steadily,and the surrogate industry has become specialized.Due to the lack of laws and regulations,disputes arising from surrogacy are difficult to resolve through law.At present,there are only the Ministry of Health and the “Technical Specifications,Basic Standards and Ethical Principles of Human Assisted Reproductive Technology and Human Sperm Bank” promulgated in 2003.The regulations of this department explicitly prohibit the use of surrogacy techniques in any form.Article 3 of the “Management Measures for Human Assisted Reproductive Technology” promulgated by the Ministry of Health in 2011 also explicitly prohibits all forms of surrogacy technology and the administrative penalties for the implementation of surrogate technical institutions and the administrative sanctions and criminal responsibility of the responsible persons.Wait.In addition to the above provisions prohibiting surrogacy,all legal problems related to surrogacy are lacking,making there is no clear basis for judging disputes arising from surrogacy techniques in judicial practice.In particularly,it involves the issue of parent-child relationship identification rules for surrogate children,which leads to the practice that judges can only apply the traditional parent-child relationship determination rules to determine parent-child relationship.Therefore,it is necessary to study the parent-child relationship identification rules for surrogate children and establish a reasonable identification rule for the surrogate children's parent-child relationship to protect the legitimate rights and interests of surrogate children and promote the healthy growth of surrogate children.